Communicated on 2 October 2019
SECOND SECTION
Application no. 43186/17
Ünal ÇAKAR against Turkey
and 26 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The applications concern the judicial practice, in the context of expropriation proceedings, to order both parties to pay a lump sum to the opposing party in respect of lawyer fees.
The applicants complain that such an order decreased the expropriation indemnity awarded to them. They argue that they have no responsibility for the initiation of the proceedings, as the courts ruled in their favour and decided to increase the amounts initially proposed by the expropriating public authority.
Relying on Article 1 of Protocol No. 1 to the Convention, the applicants complain of a violation of their right to peaceful enjoyment of their possessions.
QUESTION TO THE PARTIES
Has there been an interference with the applicants’ right to peaceful enjoyment of their possessions? In particular, did the fact that the applicants were ordered to pay attorney fees to the expropriating public authority constitute an excessive burden which upset the fair balance which must be struck between the general interest of the community and the fundamental rights of the individual (see Musa Tarhan v. Turkey, no.12055/17, 23 October 2018)?
APPENDIX
1. 43186/17 Çakar
2. 43202/17 Tekdamar
3. 56259/17 Ekiz
4. 56261/17 Gültekin
5. 57246/17 İzmir
6. 57267/17 Ballıca
7. 57271/17 Karakuş
8. 58207/17 Ölmez and Others
9. 58353/17 Yanar
10. 63953/17 Demirörs
11. 63966/17 Çakar
12. 63974/17 Fesli
13. 64527/17 Kodaş
14. 64699/17 Ardıç
15. 64745/17 Yanar
16. 68426/17 Zengin
17. 78161/17 Karataş
18. 82327/17 Kiraz
19. 3052/18 Alıcı
20. 3095/18 Sarı and Others
21. 3116/18 Söğüt
22. 10531/18 Fesli and Ardıç
23. 26076/18 Ada
24. 34055/18 Yazgan
25. 34086/18 Bozkurt
26. 57921/18 Sayar
27. 5628/19 Selvidağ
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